HomeMy WebLinkAboutR-04-0696City of Miami
Legislation
Resolution: R-04-0696
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01174 Final Action Date: 10/28/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING THAT IT IS PRACTICABLE AND MOST ADVANTAGEOUS FOR THE CITY
OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT ORIGINALLY
ENTERED INTO ON SEPTEMBER 25, 1979, FOR TERREMARK AT DINNER KEY,
INC., WHO IS CURRENTLY DOING BUSINESS AS DINNER KEY RESTAURANT,
INC., TO PROVIDE CONCESSION SERVICES AT THE COCONUT GROVE
CONVENTION CENTER FOR ONE NINETY -DAY PERIOD, WITH THE OPTION TO
RENEW FOR THREE ADDITIONAL NINETY -DAY PERIODS; WITH A TERM NOT TO
BE EXTENDED BEYOND SEPTEMBER 30, 2005.
WHEREAS, the City of Miami ("City") entered into a Concession Agreement ("Agreement") on
September 25, 1979, for the operation of a restaurant and concession stands ("Services") at the
Coconut Grove Convention Center ("Convention Center"); and
WHEREAS, the original term of the Agreement was from October 1, 1979 to September 30, 1989,
with three options to renew for a five-year term each; and
WHEREAS, Resolution No. 86-772, adopted November 26, 1986, authorized the City Manager to
execute Amendment No. 1 to the Agreement consenting to the assignment of the Agreement to
Dinner Key Restaurant ("Concessionaire"), amending the date terminating the Agreement from
September 30, 1989, to September 30, 2004, and amending other provisions of the Agreement; and
WHEREAS, the City Commission, pursuant to Resolution No. 89-812, adopted September 14,
1989, authorized the City Manager to execute Amendment No. 2, amending additional provisions of
the Agreement; and
WHEREAS, the term of the Agreement expired on September 30, 2004; and
WHEREAS, currently, the City is in the process of evaluating the future use for the Convention
Center, yet it plans to continue to schedule events at the Convention Center until its future use is
determined; and
WHEREAS, during this period the City remains in need of a company to provide concession
services ("Services"); and
WHEREAS, the current Concessionaire, who has changed its name to Dinner Key Restaurant,
Inc., is willing to provide such Services, subject to the terms and conditions contained in the third
City of Miami
Page 1 of 2 File Id: 04-01174 (Version: 2) Printed On: 10/13/2016
File Number: 04-01174 Enactment Number: R-04-0696
amendment to the Agreement and both parties agree to extend the Agreement subject to the current
terms and conditions; and
WHEREAS, the City and the Concessionaire agree with the conditions set forth in Amendment
No. 3 to the Agreement, attached and incorporated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City
Manager's finding that it is practicable and most advantageous for the City to waive competitive
sealed bidding procedures, is ratified, approved and confirmed.
Section 3. The City Manager is authorized{1} to execute Amendment No. 3, in substantially the
attached form, to the Agreement originally entered into on September 25, 1979, for Concessionaire to
provide Services at the Convention Center for an additional ninety -day period, with the option to
renew for three additional ninety -day periods, for a term not to be extended beyond September 30,
2005.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of
the City Charter and Code.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 04-01174 (Version: 2) Printed On: 10/13/2016